Claim terms are very crucial when it comes to legal actions to be taken by any physical of legal person. Thus, expiration of such terms may cause parties huge damage in terms of their claim. The major problem is, such terms are not enough especially for physical persons, thus it may take a long time for them to understand their rights and to start a legal proceeding. Taking into account the above mentioned, the clause 172 Civil Procedural Code of Azerbaijan Republic had been amended with regard to some claim terms.
The clauses 172.1 and 172.2. had been amended as following:
“172.1. The case shall be considered and resolved within a reasonable time, but not later than the time the application is received by the court, and within below mentioned terms:
172.1.1 reinstatement, alimony – 2 months;
172.1.2 disputes arising from the mortgage agreement and bankruptcy cases – 3 months;
172.1.3. cases on other disputes – within 4 months.
172.2. Due to the large number of persons involved in the case or the particularly complex organization of the examination, the period provided for in Article 172.1.3 of this Code may be extended by a reasoned court decision for a period not exceeding 2 months. ”
The General term for court to hear and resolve the case was 3 months prior to these amendments. After the amendments the term has been defined as 4 months.
Any aims of the parties (representatives and advocates) to extend the case with repeatedly and openly unfounded petitions or complaints are subject to penalty in the amount of 500 manats.
Please, always feel free to contact us via www.batco.az and our attorneys will be more than delightful to speak and take you through all such new requirements of Azerbaijani laws depending on your company’s needs.